Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-02-17

let the word stand, stupidity"
Now you pretend to know sc
much about this bond matter, let us
see just bow much you do know
You say, Subscriber seems to
think it very eccentric that the
supreme court should decide that
all cases appealed to that tribunal
should be accompanied by a bond,
and q legal bond, and if the court
is wrong in said decision why does
the law say the plaintiff must give
bond and lay down the manner in
which bond must be executed2"
Our laws provide that any person
instituting Il suit at law, when OBJ
tanning a summons for that pur-
pose, shall file bond to the salts
faction of the clerk. Now, modern
Solomon Ca" cast your eyes over
section 7, upon page rs, of the
compiled laws and see if the law
says, "to the satisfaction of the
clerk, " or shall it be to the salts
faction of the court2 Take the book
and read it through and point me
out the law where the plaintiff is
required to satisfy the court on an
original bond, and then III ac-
knowledge you to be the bright,
shining light of intelligence which
you represent yourself to be. And
let me inform you that that is not
the only law where the opinion Of
the clerk is final. You will find it
in attachments, writs Of ejectment,
ETC., and let me inform you that
the supreme court has no power to
set aside a law enacted by our
council unless the same be in con-
flict with the constitution. Again,
what is this bond for? To secure
the witness fees alone. Then can
it by any means effect the issue?
Can the defendants rights be
jeopardized, and if not what right
Gin the face of section 1873, upon
page 1873, OF the complied laws, has
the court to dismiss a case upon a
defect in the plaintiffs bond? The
district clerk files an official bond
expressly to cover his deficiencies
and he is liable upon that bond for
any damage that witnesses may
sustain through his negligence or
corruption. But are you simple
ton enough to think that if a letter
should be left out or an extra one
put in, or even a sentence changed,
provided the substance was there
as laid down in the form, that the
clerk would be held liable for
damages, or that any court should
dismiss the case?
No, a." l am not an aspir-
ant, and for the sake of the Chero-
kee people at home and their
credit abroad, l sincerely hope
you are not, for it seems to me that
We have already offered too great a
premium upon such shoddy mate
rial, and you mightt'get there" in
which case, God pity the people.
Mr.. Editor, l did not enter into
this controversy with a view Of
malignancy. My motive was pure
ly patriotic. The first effort l
made was made to bring out the
facts from tle fountain head-from
where the people had a right to
expect it--fron the editor of a
paper whose motto says, "Devoted
to the interests of the Cherokee
people" And / do not think it
right nor do l think the people will
approve anything published to
crafty any selfish desire unless it
shall be beneficial to the people.
And l own frankly / do not want
any of it, but if "a" or any other
apostle wishes to discuss the
action condemned and can do so
without making it personal except
where personalities cut a material
figure let him vault into the arena,
and if no one else will bear the
colors at least one feeble effort will
be made by, SUBSCRIBER.
p. S. l do not see that this con-
troversy has added anything to
your personal appearance, Mr..
a." nor do think it has exalted
you to any great extent in the eyes
Of the people. but as the father told
his son when he prodded the young
mule and it kicked him, / think
perhaps you have learned some
thing. Scales and the court may
thank you for your gallant effort in
their behalf. II they do, be content.
SUBSCRIBER.
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